Three families with young special‑needs children have brought High Court proceedings against the Health Service Executive (HSE) for failing to carry out the required Assessments of Need. The families, represented by Derek Shortall Bl, claim they have waited for an extended period and that none of the assessment components—occupational therapy, speech and language therapy, physiotherapy, and psychology—have been initiated. Under the 2005 Disability Act, the HSE must provide an initial assessment within three months of an application and complete the full assessment within an additional three months. The families seek an order compelling the HSE to finish the assessments within 30 days and declarations that the HSE has breached its statutory duties. Mr Justice Noonan granted permission ex‑parte and set the cases for a hearing in early June.
A pensioner, whose identity is withheld for legal reasons, was arrested in March and jailed for seven days by the District Court for failing to pay €500 monthly instalments on a €5,000 judgment debt obtained from a law firm in family‑law proceedings. He spent two nights in Mountjoy Prison before being released on bail after his lawyer, Micheal P. O'Higgins SC, applied to the High Court. The man, who has significant health issues and relies solely on his old‑age pension, claims he could not meet the instalments and that the court did not apply required safeguards, such as offering legal aid or proving wilful refusal or culpable neglect. Following his release, the Free Legal Advice Centre filed fresh proceedings on his behalf.
A senior nursing executive with the HSE has successfully appealed against her temporary re-assignment to a non-clinical role. The Court of Appeal found that the HSE breached the employment contract of the Area Director of Nursing for Galway/Roscommon Mental Health Services when it moved her from clinical and managerial duties in July 2015. The re-assignment occurred while a review was underway into allegations concerning mental health facilities in Roscommon, though the executive herself was not under investigation or disciplinary process. The Mental Health Commission had raised serious concerns about service-user welfare and management responses at the facilities. The three-judge court rejected the HSE's argument that an implied contractual term permitted such re-assignment in crisis circumstances. The court noted the review, which commenced in 2015, was expected to conclude imminently. The matter was adjourned to allow both parties to consider the decision.
In a High Court hearing, Ms Justice Deirdre Murphy adjourned proceedings involving Rev Obinna Ulogwara and Archbishop Michael Jackson to May 25th, urging the parties to resolve their dispute outside of court. The judge suggested that Rev Ulogwara accept a pre-litigation offer to meet the Archbishop in a non-legal atmosphere, noting that both are members of the Church of Ireland and that there is no complaint regarding the Reverend's dedication to his ministry. She expressed hope that this adjournment would allow sense to prevail. Rev Ulogwara, a Bishop's curate who worked at the Parish of St George and St Thomas in Dublin's north inner city since 2010, is seeking an injunction to prevent the Archbishop from terminating what he claims is his employment. This dispute arose after the parish was amalgamated with the neighbouring North Strand parish due to a lack of funds. Rev Ulogwara alleges that the absence of assurances regarding his future damaged his well-being and breached his contract of employment, claiming he cannot be removed as a curate without an equivalent position. The Archbishop, represented by Tom Mallon BL, opposed the application, arguing that Rev Ulogwara is not an employee of the Archbishop or the church and did not have tenure at the former parish. While Rev Ulogwara's counsel cited a sworn statement from the Archbishop's predecessor, Dr John Neill, asserting the position was permanent, the Archbishop's legal team strongly contested this, stating the Reverend was not an incumbent. The case remains adjourned pending the proposed meeting.
In a High Court hearing on 12 May 2017, William Thompson secured a temporary freezing order over €30,000 that had been awarded to Kevin Buckley, a teenager who assaulted Thompson on 24 August 2016 in Cork city centre. Thompson, a University College Cork student, was knocked to the ground and repeatedly kicked, sustaining injuries including a fractured eye socket. Buckley had previously pleaded guilty to assaulting Thompson and to false imprisonment of a woman, for which he was sentenced to four years' detention and is currently incarcerated. The €30,000 award, lodged in court for Buckley's benefit until he turned 18, was to be released to him after that date. Thompson's lawyers argued that the only way he could enforce a damages award against Buckley is to have the court‑lodged monies frozen until his personal injuries claim is decided.
A hearing has been scheduled to decide whether Ian Bailey should be extradited to France to face trial for the death of Sophie Toscan du Plantier. Justice Tony Hunt of the High Court set the hearing for two days and instructed Bailey's legal team and the Minister for Justice to prepare their arguments by May 31. Bailey, aged 60 and from The Prairie, Liscaha, Schull, is required to attend. Robert Barron SC, representing the justice minister, confirmed receipt of Bailey's objections. Bailey's barrister, Ronan Munro SC, raised a potential issue regarding the validity of the European Arrest Warrant issued by a French prosecutor, questioning whether it constitutes a valid judicial authority. French authorities have already indicted Bailey and seek to try him for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996.
In a High Court hearing on 11 May 2017, Rev. Obinna Ulogwara sought an injunction to prevent Archbishop Michael Jackson from terminating his employment, claiming he was an employee of the Archbishop and that the parish's abolition had breached his contract. Ulogwara, a Bishop's curate who served at St George and St Thomas for seven years, argued that he had not received assurances about his future role and feared losing ministry, employment, and housing. His legal team, led by Ken Fogarty SC, requested that Jackson be restrained from refusing to continue Ulogwara's employment and that he be paid until 25 May. Archbishop Jackson's counsel, Tom Mallon BL, denied any employer‑employee relationship, stating Ulogwara's stipend came from parish funds and that he was not a diocesan employee. The judge adjourned the case to allow the submission of a sworn affidavit from Jackson's predecessor, Dr.
In a High Court hearing on 10 May 2017, Mr Justice Paul Gilligan directed the Garda fraud squad to investigate allegations that 13 families, including 12 children, were paying rent to an unknown third party named "Brian" for units at 16 Annesley Bridge Road, Fairview, Dublin 3. The families, who have been living there for up to two years, reportedly paid €180‑€200 per week in cash and had no receipts. Mr Justice Gilligan noted that "Brian" does not represent the property owner, Mr John Farrelly, nor the Bank of Ireland‑appointed receiver, Simon Coyle, and that the families may be "taken advantage of." He reaffirmed the receiver's orders requiring the families to vacate the premises and gave them a week to leave, adjourned the case for a week, and referred the matter to the Garda Commissioner for a fraud investigation.
Maurice O'Donnell, a 48‑year pigeon‑racing veteran from Dungarvan, secured a temporary High Court injunction that bars the Irish Homing Union (IHU) Southern Region and its Management Committee from suspending his membership of the Irish Homing Union National Flying Club. O'Donnell claims he was suspended without notice or explanation, and that the suspension breaches IHU rules and harms him personally. The injunction, granted ex‑parte by Mr Justice Paul Gilligan, also prevents the defendants from holding a meeting about the suspension or related matters. O'Donnell has previously served on the club's Management Committee, resigned after disputes over disciplining a member and over the use of fundraiser money, and has been involved in disputes over alleged threats. He was briefly reinstated in March, elected club President, but the suspension was reinstated in April without reasons, affecting his ability to race pigeons. The case is set for a return hearing next week.
Three families of young children with special needs have brought a High Court action against the Health Service Executive (HSE) for failing to carry out required assessments of their children's needs. The families, represented by solicitor Gareth Noble, claim that none of the components of the assessment process—initial assessment, multidisciplinary team evaluation, diagnosis, and statement of services—has been started for any of the three children. One child has reportedly waited since January 2016 for an assessment. Under the 2005 Disability Act, an initial assessment must be completed within three months of application and a full assessment within an additional three months. The families fear that proceeding through the complaints process could delay assessment by up to 18 months. They seek an order compelling the HSE to complete the assessments within 30 days and declarations that the HSE has breached its statutory duties.
A High Court judge in Ireland has put on hold a German software company's action against Google over alleged trademark infringement until parallel proceedings before German courts are decided. TeamDrive Systems GMBH, which makes secure cloud‑based file‑sharing software, sought an injunction to stop Google Ireland Ltd and Google Commerce Ltd from using the term 'Team Drives', claiming it infringes its European‑registered trademark obtained in 2006. Google denies the infringement and argues the claim is misconceived, also opposing the injunction on grounds that it would damage its business. After four days of evidence, Mr Justice Tony O'Connor ruled that the German proceedings, where TeamDrive also seeks similar relief, must be determined first. The judge noted the order was unusual but would save time and expense, and adjourned the case to next week for mention only.
Commercial Court proceedings involving publican Frank Gleeson and EMI-MR Investment LLC have been resolved. Mr. Gleeson, the applicant in one set of proceedings, had alleged shareholder oppression in Ardan Advisory Ltd, a company formed from the merger of the Mercantile and Capital pub chains. The other shareholders denied these claims. In a second set of related proceedings, USA-based EMI-MR Investment LLC sought a €4.6m judgment against Mr. Gleeson over 2016 loans used to refinance or purchase the Bottom of the Hill pub in Finglas and his Mulhuddart pub, as well as to buy shares and pay creditors. Mr. Gleeson opposed this action. On Friday, counsel Stephen Dowling BL informed Mr Justice Robert Haughton that both sets of proceedings had been resolved. The matters were adjourned to May 29 for mention only to allow for the implementation of a settlement agreement. Mr. Gleeson's counsel, Padraic Lyons BL, confirmed his client consented to this proposal. No settlement details were disclosed in open court. Separate High Court proceedings brought by Mr. Gleeson to prevent his dismissal as CEO of Mercantile Entertainment Group Ltd remain pending. Last month, he secured a temporary injunction blocking his dismissal or further disciplinary action. Mr. Gleeson holds a 30% shareholding in Ardan Advisory, while the remaining 70% is owned by JT Magen (Capital Bars) LLC and Danu Advisory Partners Ltd.
Two former Assistant Censors, Olga Bennett and Mairead Marron, aged in their 70s, applied to the High Court for injunctions to stop the Minister for Justice from dismissing them from their posts. They argued that the Minister's decision to terminate their appointments on 31 March was unlawful, cynical and made without a rational reason, and that they were entitled to be informed of the grounds for dismissal. The applicants sought declarations that they remained Assistant Censors, that the Minister's decision be quashed, and that the Minister communicate the reasons for termination. The Minister denied the claims and opposed the injunctions. Mr Justice Max Barrett, hearing only the injunction application, expressed sympathy for the women but declined to grant the injunctions, reasoning that the risk of injustice outweighed the potential benefit of preventing the Minister from undoing her decision. The court therefore refused to issue the requested interlocutory injunctions.
Brendan Smith, 39, of Greenane, Dunshaughin, Co Meath, and Aston Carpets and Flooring pleaded guilty to engaging in an anti-competitive price-fixing agreement between July 2012 and April 2013. The High Court heard that the cartel, which targeted large corporations including Google, Dell, Mastercard, and PayPal, was exposed by whistleblower David Radburn of Carpet Centre (Contracts) Ltd. Smith also admitted to a second charge of attempting to impede the prosecution by instructing Radburn to delete emails on April 30, 2013. Defence counsel Michael O'Higgins SC argued that Smith, who has since overcome substance dependencies, is willing to perform community service, while counsel for Aston Carpets, Patrick Gageby, noted the company's net profit from the deals was €31,000 and requested a proportionate fine. Prosecuting counsel Remy Farrell SC outlined maximum penalties of up to €5 million and ten years' imprisonment for price fixing, and five years for obstructing prosecution. At the hearing, Mr Justice Patrick McCarthy heard evidence and adjourned sentencing for Smith and Aston Carpets until Monday, May 22. The judge stated he requires details of Smith's salary and assets before proceeding with the sentence hearing.
An 87-year-old man has initiated High Court proceedings in relation to allegations that his nephew withdrew over €130,000 from his bank account for personal use. Patrick Hogan, from Harristown in County Meath, granted his nephew Thomas Kelly a mandate in 2012 to manage withdrawals from his credit union account. According to evidence presented to the court, a forensic accountant calculated that Mr Kelly withdrew approximately €153,000 between 2012 and 2016, with an estimated €133,000 allegedly spent without authorisation. Mr Justice Paul Gilligan granted an interim freezing injunction preventing Mr Kelly from reducing his assets below €200,000 and temporarily prohibited the sale of a property he owns. The matter was adjourned to the following week. A complaint has been made to An Garda Síochána regarding the allegations.
In a High Court case, Merrion Property Group Limited sued Shelton Investments Limited, trading as River Medical, over alleged rent arrears for a cosmetic surgery business at 114 Lower Baggot Street, Dublin. Merrion claimed River Medical owed more than €161,000 after acquiring the premises in 2014. River Medical denied the arrears, citing a rent reduction agreed with the previous landlord in 2013 due to the economic climate, and sought a declaration that it could remain in possession. The lawsuit was scheduled before Mr Justice Paul Gilligan. After negotiations, the parties reached a settlement: River Medical will vacate the premises by the end of June and pay €130,000 to Merrion, resolving the dispute over the lease and rent claims. The cosmetic surgery business also operates from other locations in Kildare, Belfast, and Cork.
A German software company, TeamDrive Systems GMBH, has applied to the High Court for a European‑wide injunction to stop Google Ireland Ltd and Google Commerce Ltd from using the term "Team Drives" for its cloud‑based file‑sharing product. TeamDrive claims that Google's use of the term infringes its European Registered trademark, which it obtained in 2006, and that the use is "effectively identical" to its own trademark. The company seeks the injunction to protect its business until the dispute is fully heard. Google denies the infringement claim and argues that any injunction would damage its business. Google's lawyers say the term is used only to describe a function of its Google Drive product and is not a trademark. The case is before Mr Justice Tony O'Connor, with the hearing continuing.
In a High Court case involving Lynam's Hotel on Upper O'Connell Street, Theresa Andreucetti, who had operated the hotel under a lease since 2008, and Mr Aiden Murphy, the receiver appointed by NAMA over the landlords' assets, reached a settlement. Andreucetti had secured a temporary injunction in April 2016 to retain possession after the receiver's agents entered the hotel, claiming she owed €528,000 in rent arrears. She denied the arrears and counterclaimed for costs of roof repairs and damages from water‑damaged rooms, which the receiver rejected. The injunction was lifted when an agreement was reached that Andreucetti would vacate the premises by August 2016. The dispute resurfaced when Mr Justice Paul Gilligan vacated a lis pendens notice that Andreucetti had registered, which the receiver said was blocking the hotel's sale. After the notice was removed, the judge directed the parties to schedule a hearing.
Thomas Fox, 29, of Rutland Court, Dublin, was charged with the murder of Gareth Hutch, who was shot dead outside his home on North Cumberland Street, Dublin 1, on 24 May 2016. Fox had previously applied for bail on 10 February 2016, which was refused by Justice Isobel Kennedy under the "O'Callaghan" principles and section 2 of the Bail Act 1997. He applied again in the High Court on 2 May 2017. The Director of Public Prosecutions, Eoghan Cole BL, argued that there had been no sufficient change of circumstances to justify bail, citing Fox's claim of asthma and the fact that he received three stab wounds while in custody. Fox's counsel, Dean Kelly BL, contended that the assault represented a change in circumstances. Justice Paul Coffey rejected the bail application, stating the matter had been "substantially considered" previously by Justice Kennedy. The High Court therefore refused bail for a second time.
Dwayne Keane, 25, of Raheen Drive, Ballyfermot, was charged with attempted murder of Jason Williams, possession of a firearm with intent to endanger life, and assault causing harm. The High Court refused his bail application, citing Chief Superintendent Lorraine Wheatley's evidence under Section 2(A) of the Bail Act that bail would risk a serious offence. Justice Paul Coffey applied the "O'Callaghan" principles and Section 2 of the Bail Act 1997 to reject the application. Keane was remanded in custody until the trial, expected to start on 9 April next year.
In a High Court case, Michael and Edel Mulvihill of Co Wicklow sued several companies linked to the Ballynagran landfill, alleging that noxious fumes from the site forced them to abandon their home after nearly 25 years of residence. They also claimed damage from floods in 2006 and 2008, attributing the 2008 flood to landfill activities. The defendants, including Ballynagran Landfill Ltd, Grunberg Ltd, and various Greenstar entities, denied the allegations and argued the claims were time‑barred. The case, heard by Ms Justice Carmel Stewart, was adjourned after a brief hearing, with a further adjournment to January 2018 to allow the parties to finalize a confidential agreement. The Mulvihills currently live two miles away in a small wooden chalet without running water, citing ongoing odor problems and health concerns from the landfill fumes. The defendants did not contest the claim against Starrus ECO Holding Ltd.
In a High Court hearing on 25 April 2017, liquidator Declan De Lacy of Arden Forestry Management argued that approximately €700,000 held in a Dubai bank account belonging to GTD International Ltd had not yet been transferred to the Irish liquidator. De Lacy maintained that the funds, which Arden raised from 132 UK investors, were intended for Irish forestry investment but only €200,000 had been spent. He claimed that about €1.5 million of investor money had been moved to a GTD account linked to Arden. De Lacy explained that the Dubai company had been struck off for failing to file returns, preventing the liquidator from retrieving the money. He said he was working to restore the company so the funds could be returned to Ireland and distributed to creditors. Mr Justice O'Connor agreed to adjourn the case to July.
Declan Brady, 51, of Kildare, was arrested on 24 January for unlawful possession of five revolvers, 20 rounds of ammunition and a silencer, and for possession of 22 kg of cocaine, 11 kg of heroin and 53 g of cannabis, drugs worth an estimated €3.2 million. He faces three firearms charges under the Firearms Act and three drug‑possession charges under the Misuse of Drugs Act. The High Court refused his bail application, with the State and the Garda Drugs and Organised Crime Unit arguing that release could lead to further offences. Justice Isobel Kennedy rejected the application.
A man who claimed he was physically and sexually abused at St Joseph's Industrial School in Clonmel, Co. Tipperary, lost a High Court bid to allow him to apply to the Residential Institutions Redress Board for compensation. He had been committed to the school for two years and said he suffered severe beatings and sexual abuse. The board, set up in 2002 to compensate victims of industrial schools, closed applications in 2005. He applied in 2008, was refused because the application was not received in time, and made a fresh application in 2010. After an oral hearing in early 2012, the board again refused to extend time. In 2016 he brought judicial review proceedings against the board, the Superior Court Rules Committee and the Minister for Justice and Equality, seeking to quash the board's refusal and to declare the Superior Court rules an impermissible restriction on access to the courts.
In a High Court hearing on 6 April 2017, Mr Justice Paul Gilligan granted Publican Frank Gleeson an interim injunction preventing Mercantile Entertainment Group Ltd from dismissing him as CEO or taking disciplinary action based on a company‑commissioned investigation report. The injunction also barred the company from acting on findings in that report, which Gleeson's counsel described as prejudicial, flawed and lacking fair procedure. The injunction was granted ex‑parte and the matter was adjourned to 26 April. Gleeson, a 30‑per‑cent shareholder in Ardan Advisory, has been on gardening leave since December and fears the investigation will damage his reputation and finances. The injunction protects him while the investigation and related commercial court proceedings continue. The injunction does not alter any potential future outcomes of the investigation or other claims pending against him.
The President of the High Court, Mr Justice Peter Kelly, and Mr Justice Seamus Noonan have warned that the failure to appoint new judges is preventing important cases from being heard. Mr Justice Kelly, when asked to assign an urgent family law matter to a judge who had made interim orders, could not comply because there were no additional judges to call upon. Mr Justice Noonan, who manages the judicial review and non‑jury list, told a packed courtroom that a dozen cases could not proceed because there were no judges available to hear "enormously important" and sometimes "life‑changing" actions. He explained that several judicial vacancies have remained unfilled after retirements and that other judges are occupied with commissions of inquiry. He said justice delayed is also justice denied and urged the situation to be addressed urgently. The remarks were made in separate courts on Thursday.
A construction company director from Roscommon has secured a four-week postponement of his extradition to the United Kingdom on humanitarian grounds. Thomas Joseph O'Connor, aged 49, is wanted in England for his involvement in a £5 million tax fraud. He was sentenced in absentia at Blackfriars Crown Court in London in January 2007 to four and a half years imprisonment. Following conviction, O'Connor failed to attend his sentencing and now faces additional charges of absconding. Arrested on an extradition warrant in 2009, he subsequently lost appeals in both the Court of Appeal and the Supreme Court. At the High Court hearing on Thursday, O'Connor requested postponement to care for his terminally ill brother, who is undergoing palliative care in Roscommon. Medical evidence confirmed O'Connor's involvement in his brother's treatment and hospital visits. Judge Aileen Donnelly granted the application, citing particular closeness between the brothers. O'Connor must reappear on May 5th, with stricter conditions applicable to any further extension request.
TeamDrive Systems GMBH, a German software company that offers secure cloud‑based file‑sharing and syncing collaboration software, has filed High Court proceedings in Ireland against Google Ireland Ltd and Google Commerce Ltd. The company alleges that Google's use of the term "Team Drives" for its own product infringes TeamDrive's registered European Union trade mark. TeamDrive claims that Google re‑branded its Google Drive product as "Team Drives" to expand its presence in the secure enterprise file‑sync and share market, a market in which TeamDrive has operated for many years. TeamDrive seeks an injunction to prevent the alleged copyright breach pending a full hearing. Google, represented by Paul Gallagher SC, has requested a short adjournment to provide responses to the German company's issues. The case was adjourned to next month, with the parties expected to exchange legal documents before the full hearing.
Six major film and TV studios obtained High Court injunctions ordering internet service providers to block websites that facilitate illegal downloading of their content. Mr Justice Brian Cregan was satisfied that evidence showed clear breaches of the studios' copyright and that the orders would not constitute a breach of lawful internet use or be disproportionate. The injunctions target ISPs including Eircom, Sky Ireland, Vodafone Ireland, Virgin Media Ireland, Three Ireland, Digiweb, Imagine Telecommunications and Magnet Networks, all of whom had not opposed the application and had adopted a neutral stance. The studios, members of the Motion Picture Association, argued that up to 1.3 million users in Ireland may be illegally accessing their films, costing the industry hundreds of millions annually, leading to job losses and revenue loss. The judge granted orders requiring the ISPs to block or disable access to several "streaming" sites such as movie4k.to, primewire.ag and onwatchseries.to.
Jackie Lavin and Osberstown House Naas Co, acting as applicants, are involved in High Court proceedings against Bill Cullen and Glencullen Properties Ltd regarding an alleged €1m property deal. Ms Lavin claims she advanced funds to Cullen to reduce company liabilities, with the understanding that Killegy House in Co Kerry would be sold to her. She alleges she paid €757,000 but the sale was not completed, causing her loss. She seeks specific performance of the sale and an injunction preventing the defendants from selling the property to others. The defendants deny the existence of a sale agreement. Glencullen Properties Ltd argues that while it accepts the loan was advanced, it never agreed to sell the premises to Ms Lavin and asserts no contract of sale exists. The company further contends that Ms Lavin signed a statutory declaration disclaiming any interest in the company's assets, including Killegy House, and failed to comply with a Residential Tenancies Board order requiring her to vacate the property. Cullen has not delivered a defence. The matter was heard before Mr Justice Tony O'Connor, who addressed a preliminary issue concerning the timing of document discovery from Ulster Bank, which is not a party to the case. A timetable for exchanging materials was agreed upon. The case was adjourned and will be mentioned before the court at the end of April.
Ian Bailey, aged 60 and resident of The Prairie, Liscaha, Schull, was taken into custody at the Criminal Courts of Justice building on 30 March 2017 after a High Court judge endorsed a European Arrest Warrant issued by French authorities. The warrant seeks to bring Bailey to France to face charges of voluntary homicide in the death of Sophie Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996. Bailey was remanded on bail following a brief hearing. He was given a copy of the warrant and, when asked if he had anything to say, he replied that the warrant was "severely factually flawed." His legal team has indicated that they will oppose the application to send him to France.
Patrick Joyce, a 23‑year‑old from Greenpark Meadows, Mullingar, was charged with violent disorder and assault against Michael and Annemarie Nevin on 13 October 2016. The High Court heard his bail application on 29 March 2017. The State objected to bail under Section 2 of the Bail Act, which allows refusal if the court believes the person may commit a serious offence while on bail. Garda Bobby Feery, representing the State, agreed with the objection. During cross‑examination, Joyce's counsel suggested that offering an alternative address might reduce concerns. Judge Tony Hunt noted that the evidence might be "a bit short of it" for a serious offence. Consequently, the court granted bail on Joyce's own bond of €300 and an independent surety of €4,000, with €2,000 to be lodged in court.
A High Court challenge has been initiated by Highfield Solar Limited against An Bord Pleanala regarding the refusal to approve a solar power generating facility in the South East. The application seeks to overturn the planning authority's decision to deny permission for the Grahormick Solar Farm, a 90 hectare site near Killinick in Co Wexford. The proposed development includes a 38kv electrical substation, solar PV panels mounted on steel supports, and associated infrastructure. The company argues that An Bord Pleanala abdicated its responsibility by refusing the application on the basis that it would be premature to proceed without a national or regional strategy for solar developments. It also claims that irrelevant considerations were taken into account and that the decision is inconsistent with previous approvals for similar projects in other areas. Highfield Solar Limited seeks declarations that the board failed to provide adequate reasons for its decision and that it acted ultra vires. Permission to bring the action was granted ex-parte by Mr Justice Seamus Noonan, with the matter to be returned for hearing in May.
Michael Boyle, a 68‑year‑old inmate at Dublin's Wheatfield Prison, has filed a High Court action seeking his release. Boyle was convicted in 1997 in London of attempted murder and possession of a firearm with intent to endanger life, receiving three life sentences. The offence involved an attempt on the life of Mr Tony Brindle, who survived after Boyle fired several shots. Boyle was shot by police during the incident, sustaining injuries that now keep him largely bedridden. He was repatriated to Ireland to serve his sentence and, in December 2015, the Parole Board recommended a release plan within nine months. Boyle argues that, despite this recommendation, he remains in prison without justification, claiming a breach of his constitutional rights and the European Convention on Human Rights. He seeks an order directing the Minister for Justice to release him and a declaration that his continued detention is unlawful.
An original Garda investigation file into complaints of rape made by a woman more than 25 years ago has gone missing for the second time, the High Court has heard. The woman is suing the Minister for Justice, Ireland, the Attorney General, the Director of Public Prosecutions and the Garda Commissioner for damages, alleging an alleged failure to properly pursue a prosecution following her complaint. The alleged rapist had previously won an appeal against a 1998 conviction for rape, unlawful carnal knowledge, incest and indecent assault, and was jailed for nine years. He later won a High Court order halting a re-trial on grounds of prosecutorial delay. The woman claims the failure constituted negligence and breach of duty on the part of the Garda and State, and that her constitutional rights to bodily integrity were breached. These claims are denied. The action, which has a long legal history, returned before the court when Ms Justice Mary Faherty directed the State defendants to provide the woman's legal team with all files and documents relating to the investigation and prosecution of the alleged assailant. The judge set a temporal limit on her order, requiring all relevant documents held by the defendants relating to the prosecution and investigation up until April 2004 to be given to the woman's lawyers over the next six weeks. The application for discovery was opposed by the State. The woman's legal team argued that the material sought was 'relevant and necessary' for her to properly advance her claim. Counsel noted that the original Garda investigation file had been put into storage in 2006 but could not be located, marking the second time the file had gone missing since the woman first made a complaint back in 1990. The High Court previously ruled in 2011 that the gardai and prosecuting authorities owe no duty of care under Irish law to individuals in carrying out their functions in the investigation and prosecution of crime. However, that ruling was set aside and referred back to the High Court following an appeal to the Supreme Court, which said the woman should be allowed to bring her case to trial before the High Court.
A High Court judge, Justice Tony Hunt, said he intends to endorse a European Arrest Warrant that would send Ian Bailey to France to face trial for the intentional homicide of Sophie Toscan du Plantier. He will wait for submissions from Bailey's legal representatives on Thursday before making a final decision. Justice Hunt clarified that endorsing the warrant is not an endorsement of any other matter. If the warrant is endorsed, further hearings will decide whether to send Bailey to France. Bailey denies any involvement in the death and objects to the extradition, alleging a Garda conspiracy to frame him. French authorities have already served Bailey with an indictment and seek his trial in France for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork, in December 1996.
Christopher McCarthy, 29, of Kilbaha, Moyvane, Co Kerry, was charged with unauthorised turf‑cutting on Moanveanlagh Bog, a protected area outside Listowel. He and another man faced a High Court case that sought to halt their prosecution. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, ruling that the Minister had acted within his powers to create the offence under the Habitats Directive. The judges noted that the offence was necessary to enforce EU obligations and that criminal sanctions could be imposed by statutory instrument. McCarthy's counsel argued that only primary legislation could create such sanctions, a claim rejected by the court. The case remains at the Kerry Circuit Court, where the men are due to appear for the alleged extraction of peat, which could carry a maximum three‑year jail term or a fine up to €500,000.
An application to endorse a European Arrest Warrant for Ian Bailey, aged 61, for the alleged voluntary homicide of Sophie Toscan du Plantier will be heard at the High Court tomorrow. Bailey denies any involvement in the French woman's death. Justice Tony Hunt adjourned the hearing when Bailey's legal team did not appear for the 10 am hearing. Ronan Kennedy BL, counsel for the attorney general, said Bailey's solicitor was served notice of the High Court hearing on 16 March, four days ago, and that the hearing could proceed without him or his legal representatives but that any submissions on the European Arrest Warrant should be made to the court. Kennedy added that he was surprised no one was in attendance. Justice Hunt said Bailey and his legal representatives are "on notice" that the hearing will proceed tomorrow.
James Walsh, 33, of Neilstown Drive, Clondalkin, was arrested on 24 January for unlawful possession of five revolvers, 20 rounds of ammunition and a silencer at a unit in Greenogue Business Park, Rathcoole. He faces three charges under the Firearms Act. The State objected to bail, and Detective Sergeant Michael Cuffe argued that Walsh would be a flight risk and might not attend trial. Detective Chief Superintendent James McGowan also testified that bail should be refused to prevent a serious offence. Justice Tony Hunt rejected the bail application.
The owner of a meat processing plant in Lifford, County Donegal, has given a sworn undertaking to the High Court that he will vacate the premises. Liam McGavigan, who owns the facility formerly operated by Edenmore Farm Meats Ltd, made the commitment before Mr Justice Paul Gilligan on Tuesday following a lengthy dispute over possession of the plant. AIB appointed a receiver to the property after alleging Mr McGavigan failed to repay substantial loans, with the bank securing a judgment against him for approximately €1.9 million. The plant ceased operating in October following an occupation by individuals disputing the receiver's appointment. Mr McGavigan, representing himself, claimed the occupation was undertaken to ensure local farmers were paid amounts allegedly owed by Edenmore and disputed AIB's allegations of conspiracy. He had sought additional time to remain on the premises, but the judge refused this application. The court has directed that Mr McGavigan be permitted to remove personal items from the plant.
In March 2017 the High Court heard that Masterlift Ireland Ltd had ceased its legal action against Royal Goldstein III Ltd over a leased premises in Greenogue Business Park, Rathcoole. Masterlift had obtained a temporary injunction in January to prevent RGL from interfering with its access after the company claimed it had been locked out of a 60,000‑sq‑ft unit it had used since 2008. RGL denied wrongdoing and opposed the injunction. Settlement talks failed, leading the court to order the discontinuance of the proceedings. Masterlift was directed to serve a notice of discontinuance, while RGL was entitled to its legal costs. The case had been adjourned several times to facilitate talks, and the injunction had been granted after Masterlift alleged substantial disruption to its business. The premises had previously been placed in receivership after loans from Ulster Bank were sold.
The Cannon Kirk group of property development firms, alongside individuals Michael Cannon, Cathal Cannon, Seamus Cannon, and Owen Kirk, have launched a High Court action against National Asset Loan Management Designated Activity Company (NALM). The applicants, represented by Lyndon MacCann SC and Niall Buckley Bl, challenge an alleged €15m penalty imposed on loans originally advanced by AIB in 2010, later taken over by NAMA and transferred to NALM. Counsel stated that while the group reduced its indebtedness by over 50%, a 2016 agreement extending loan facilities included a clause requiring a €5m redemption fee plus monthly fees, which NALM now claims totals approximately €15m. The applicants allege this clause operates as an unlawful penalty and an impermissible clog on redemption, arguing the fees are unrelated to the debt quantum. They seek declarations that the clause is void and unenforceable, repayment of monies paid, and damages for alleged intentional interference with economic interests, breach of contract, and breach of duty. Mr Justice Paul Gilligan granted permission to bring the action ex-parte, noting a substantial issue had been raised. The matter was adjourned to a date later this month.
Two families, Margaret and Joe Moorehouse and Sharon and Michael O'Brien, have filed separate High Court actions against Wicklow County Council. They have lived in caravans at an unserviced site on Burnaby Road, Greystones, since last July, lacking basic services such as running water. The families applied for housing in 2013 and have been on the council's list since 2014, but have not received any response to their emergency accommodation requests. They argue the council's failure to respond breaches the State's obligations under the European Convention on Human Rights and infringes their constitutional rights. The actions seek orders directing the council to consider and decide their applications for emergency homeless accommodation through social housing support. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the case scheduled for a May hearing.
A man arrested in County Donegal on a European Arrest Warrant appeared at the High Court in Dublin in connection with the murder of David Black, a Northern Ireland prison officer shot dead on the M1 motorway in November 2012. Damien Joseph McLaughlin, aged 40 and with an address in Belfast, faces charges of aiding and abetting the murder and possession of an article suspected for use in the killing. He is also charged with engaging in conduct in preparation for acts of terrorism and membership of a proscribed organisation. Detective Sergeant Padraig Boyce of the Special Detective Unit outlined the arrest made in Donegal on Thursday. The defence argued excessive force was used during apprehension and challenged the validity of the arrest. Ms Justice Aileen Donnelly rejected the application, noting the serious nature of the terrorism allegations and that the accused had previously breached bail conditions in Northern Ireland. She found the arrest lawful and proportionate. Mr McLaughlin was remanded in custody with the case listed for mention on 20th March.
Jonathan Turley, 35, of Clandeboye Drive, Belfast, surrendered to Northern Ireland authorities after being wanted for kidnapping and assaulting his ex‑partner. He was arrested in May last year under a European Arrest Warrant and appeared briefly at the High Court in Dublin. Turley admitted awareness of the allegations, including kidnapping, assault, and a dangerous driving charge. The judge confirmed his voluntary surrender, noted his legal advice, and ordered his extradition within twenty days, following an eight‑month prison sentence backdated to April.
Dozens of Irish hauliers have filed damages claims in the High Court against five major European truck manufacturers—MAN, Volvo Renault, Daimler, Iveco and DAF—alleging that they colluded for 14 years to fix prices for medium and heavy trucks and to pass on the costs of stricter emission‑compliance technologies to customers. The claims stem from a July 2016 European Commission determination that the manufacturers breached EU anti‑trust laws, resulting in record fines of €2.93 bn, except for MAN which had disclosed the cartel. The hauliers, represented by Paul McGarry SC and solicitor Evan O'Dwyer, seek damages, including exemplary and punitive amounts, compensation under the Competition Act and Article 101 of the EU Treaty, and a declaration that the defendants engaged in unlawful cartel activity. The proceedings also name Irish dealerships, Scania, and several financial institutions involved in lease arrangements. The judge adjourned the cases to late April to allow the parties to progress the actions.
Gary Davis, a 28‑year‑old Wicklow man, is alleged to have been an administrator of the Silk Road website, which sold illegal drugs and hacking software. He faces extradition to the United States on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. Davis has appealed the extradition order on the basis of his Asperger's Syndrome and depression, arguing that he would be subjected to inhumane treatment and lack of appropriate care in a U.S. prison. The Court of Appeal dismissed the appeal, stating that the grounds were not a point of law and that the High Court's decision was based on a thorough consideration of evidence, including medical reports. The court affirmed that the extradition order stands, and Davis will be extradited after a 15‑day period. The case remains pending in the United States.
A dispute over €2.69 million in interest owed to Dengrove DAC by Lington Development Ltd has been admitted to the fast‑track commercial list of the High Court. Lington, which had owned 25 % of the Burlington Plaza office block in Dublin 4, transferred its interest to AIB in 2007, which was later taken over by NAMA, and sold that interest to Dengrove earlier this year. Dengrove demanded full repayment and threatened to appoint a receiver over Lington's interest; Lington obtained a temporary injunction that was later discharged. Lington claims it has sold its interest and paid over €45 million to Dengrove, while Dengrove insists it is owed more than €47.6 million, leaving €2.69 million outstanding after interest and costs. Both parties consented to the case being admitted, and the judge adjourned the matter to June.
A High Court hearing_or_decision has concluded in the case of Jimmy Bishop (55) from Nangor Road, Clondalkin, Dublin, who brought a damages claim against An Post following the Tiger Kidnapping of the family of Mr Liam O'Sullivan, an An Post executive, on April 7th 2011. Mr Justice Raymond Fullam dismissed the claim, finding that Mr Bishop did not suffer from Post Traumatic Stress Disorder (PTSD). Mr Bishop, a patrolman at the GPO in Dublin City Cente, alleged that An Post failed to provide adequate training, a safe working environment, or sufficient aftercare following the incident. He also claimed that the company did not have a comprehensive response plan for Tiger Kidnappings. An Post denied all the claims. The judge noted that while training on Tiger kidnappings should have been provided, there was no evidence that Mr Bishop suffered from PTSD. The judge also rejected claims that aftercare was insufficient and stated that Mr Bishop's actions may have saved Mr O'Sullivan's wife's life. A full written judgement will be delivered later this week. The matter was adjourned for any outstanding issues.
At a High Court hearing in Dublin on 27 February 2017, Justice Aileen Donnelly said it was "totally inappropriate" that a letter had been sent to her office on behalf of Liam Campbell, a 54‑year‑old Irishman facing terror charges in Lithuania. The letter, which she believed was written by Campbell, was not read beyond the first paragraph because it could have influenced the judge's decision on his extradition application. Campbell, who was arrested on 2 December 2016 under a European Arrest Warrant issued by Lithuanian authorities, had been granted bail and was remanded on continuing bail until 20 March. The warrant alleged that between late 2006 and early 2007 he had organised smuggling for the "terrorist grouping" the RIRA, arranging illegal possession of firearms, ammunition, explosives and substances. The High Court had endorsed the warrant in November 2016, and Campbell's counsel, Brian Gageby, said he had not seen the letter.